FY2021 District of Columbia Budget and Appropriations - April 19, 2021
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
FY2021 District of Columbia Budget and
Appropriations
April 19, 2021
Congressional Research Service
https://crsreports.congress.gov
R46763SUMMARY
R46763
FY2021 District of Columbia Budget and
April 19, 2021
Appropriations
Joseph V. Jaroscak
The District of Columbia (DC) government’s local operating budget and much of its local Analyst in Economic
legislation is subject to congressional approval, pursuant to the plenary legislative authority of Development Policy
Congress over the federal capital granted by the U.S. Constitution. In addition to congressional
authority over the DC budget process, typically, annual federal appropriations legislation has
included a series of federal payments for a variety of services and initiatives in DC. Such
legislation also often includes general provisions, specific to DC, that establish fiscal, budgetary,
and policy controls on federal, and in some cases, local DC funds.
Each year, the DC government produces a budget through a coordinated process between the Executive Office of the Mayor
and the DC Council. The budget consists of a federal portion and a local portion, which are adopted by the DC Council in
two separate bills. Once approved, the federal portion is transmitted by the mayor to the President, who forwards it to
Congress for review, possible modification, and approval through the annual appropriations process. The local portion is
submitted by the chair of the DC Council to the Speaker of the House of Representatives, for review by Congress. In 2013,
DC enacted the Local Budget Autonomy Act of 2012, which amended DC’s home rule charter by decreasing the length of
the congressional review period (also known as the layover period) for its local budget to 30 days, similar to most other DC
laws, during which Congress may act to disapprove the legislation. After a series of legal and legislative challenges, the act
was upheld by a DC Superior Court ruling. The DC government has observed the act in its budget process since 2016.
On February 10, 2020, the Trump Administration submitted its detailed budget request for FY2021, which included $753
million in federal payments to the District of Columbia. The DC government passed a $16.9 billion dollar FY2021 budget on
August 31, 2020. The U.S. House of Representatives and the Senate passed the Consolidated Appropriations Act, 2021 (P.L.
116-260). Division E, Title IV of the act included $734.5 million in federal payments for DC. The act also included several
general provisions relating to fiscal and budgetary controls, administrative directives, and restrictions or prohibitions related
to social policy. Some such provisions pertain to issues including abortion services, DC voting representation, needle
exchange initiatives, and Schedule I controlled substances.
Congressional Research ServiceFY2021 District of Columbia Appropriations
Contents
Introduction ................................................................................................................... 1
District of Columbia Budget Process .................................................................................. 1
Local Budget Autonomy ............................................................................................. 2
FY2021 Appropriations of Federal Payments for the District of Columbia ............................... 2
The President’s FY2021 Budget Request....................................................................... 2
District of Columbia FY2021 Budget............................................................................ 3
Congressional Action ................................................................................................. 3
General Provisions: Key Policy Issues................................................................................ 5
Abortion Services ...................................................................................................... 6
DC Voting Representation in Congress.......................................................................... 6
Needle Exchange....................................................................................................... 7
Schedule I Substances ................................................................................................ 7
Concluding Observations ............................................................................................ 8
Tables
Table 1. District of Columbia Appropriations, FY2020-FY2021: Federal Payments ................... 4
Contacts
Author Information ......................................................................................................... 9
Congressional Research ServiceFY2021 District of Columbia Appropriations
Introduction
The U.S. Constitution provides Congress with plenary legislative authority over the District of
Columbia (DC) as the federal capital. With the passage of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973 (Home Rule Act; P.L. 93-198),
Congress granted DC limited home rule authority and empowered DC residents to elect a mayor
and city council. However, Congress retained its authority to review and approve all DC laws,
including DC’s annual budget. In addition to its budget authority, generally, Congress annually
appropriates a series of federal payments to DC for a variety of purposes, funded through the
Financial Services and General Government (FSGG) appropriations bill. 1
The provisions in annual federal appropriations acts related to the DC budget typically include the
following three components:
1. Federal payments for specific purposes;2
2. Approval, disapproval, or modifications to DC’s operating budget;3 and
3. General provisions pertaining to fiscal, budgetary, and policy directives, controls,
and restrictions. 4
This report provides an overview of the DC budget process, details the types and amounts of
federal payments appropriated in the Consolidated Appropriations Act, 2021 (P.L. 116-260), and
discusses some general provisions related to local DC policy in the FY2021 appropriations act.
District of Columbia Budget Process
The DC Home Rule Act codifies the process by which the Executive Office of the Mayor and DC
Council develop DC’s operating budget. Under this process, the DC Mayor establishes a
proposed budget, consistent with guidance on funding levels from the DC Chief Financial
Officer. The mayor’s budget also considers agency requests and other analysis by the Executive
Office of the Mayor.
With regards to the budget, the DC council serves in an oversight role. As required by the Home
Rule Act, the DC Council must approve a budget within 70 days after receiving a budget proposal
from the DC mayor. The budget consists of a federal portion and a local portion, which are
adopted by the DC Council in two separate bills. Once approved, the federal portion is
transmitted by the mayor to the President, who forwards it to Congress for review, possible
modification, and approval through the annual appropriations process. The local portion is
submitted by the chairman of the DC Council to the Speaker of the House of Representatives, for
a 30-day period of review by Congress. 5 If Congress does not act to disapprove the legislation
within this 30-day period, it becomes a law. 6
1
For more information on FSGG appropriations, see CRS Report R46621, Financial Services and General
Government (FSGG) FY2021 Appropriations: Overview, by Baird Webel.
2
T he federal payments for FY2020 and FY2021 are enumerated in Table 1 of this report.
3
D.C. Code §1-204.46
4
For an overview of some such provisions, see “ General Provisions: Key Policy Issues” in this report.
5
Government of the District of Columbia, Fiscal Year 2021 Approved Budget and Financial Plan , August 27, 2020,
https://cfo.dc.gov/sites/default/files/dc/sites/ocfo/publication/attachments/DC_OCFO_Budget_Vol_1-Bookmarked-9-1-
2020.pdf.
6 District of Columbia Council, How a Bill Becomes a Law: District of Columbia Legislative Process,
Congressional Research Service 1FY2021 District of Columbia Appropriations Since the passage of P.L. 109-115 for FY2006, the DC appropriations have been included in a multi-agency appropriations bill; before FY2006 the DC budget was considered by the House and the Senate as a stand-alone bill. The DC budget is currently included in the Financial Services and General Government appropriations bill (FSGG). Local Budget Autonomy In 2013, DC enacted the Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321). 7 The act amended DC’s home rule charter by decreasing the length of the congressional review period (also known as the layover period) for its local budget to 30 days, similar to most other DC laws. The DC Board of Elections placed the proposed charter amendment on an April 23, 2013, ballot. DC voters approved the local budget autonomy charter amendment with 83% of the vote in support of the amendment. The act faced legal and federal legislative challenges. 8 A 2016 DC Superior Court ruling upheld the act. 9 The DC government has observed the act in its budget process since 2016.10 FY2021 Appropriations of Federal Payments for the District of Columbia The President’s FY2021 Budget Request On February 10, 2020, the Trump Administration submitted its detailed budget request for FY2021. The President’s proposed budget for federal payments to DC was included in an appendix for Other Independent Agencies. 11 The Administration’s proposed budget included $753 million in federal payments to the District of Columbia for activities including court services, offender supervision, and public defender services, which would have represented a $39 million increase over the FY2020 appropriations of $714 million. The President’s budget specifically sought to eliminate appropriations of certain federal payments for DC, including resident tuition assistance, citing that the program’s authorization expired in FY2012 and there is “a lack of a clear Federal role for supporting the cost of higher education specifically for District residents.”12 The budget request also sought to eliminate a federal payment for the DC Sewer and Water Authority. 13 https://dccouncil.us/how-a-bill-becomes-a-law/. 7 D.C. Law 19-321, Local Budget Autonomy Amendment Act of 2012 , https://code.dccouncil.us/dc/council/laws/19- 321.html. 8 See Council of the District of Columbia v. Jeffrey S. Dewitt, 144 Daily Wash. L. Rptr. 893 (D.C. Super. Ct. March 18, 2016). 9 “Superior Court judge sides with D.C. lawmakers on control of locally -raised dollars,” Washington Post, March 18, 2016, https://www.washingtonpost.com/local/public-safety/superior-court-judge-sides-with-dc-lawmakers-on-control- of-locally-raised-dollars/2016/03/18/1059c6e6-ed55-11e5-a6f3-21ccdbc5f74e_story.html. 10 Information provided by the District of Columbia Office of the Chief Financial Officer, 2020. 11 Office of Management and Budget, A Budget for America’s Future: Appendix, February 2020, https://www.govinfo.gov/content/pkg/BUDGET -2021-APP/pdf/BUDGET -2021-APP.pdf. 12 Office of Management and Budget, A Budget for America’s Future: Appendix, 2020, pp. 1250-1251, https://www.govinfo.gov/content/pkg/BUDGET -2021-APP/pdf/BUDGET -2021-APP.pdf. 13 Office of Management and Budget, A Budget for America’s Future: Appendix, 2020, p. 1253, Congressional Research Service 2
FY2021 District of Columbia Appropriations District of Columbia FY2021 Budget On May 18, 2020, the DC mayor submitted a proposed budget to the DC Council. The council approved a budget of $16.9 billion on July 28, 2020, and transmitted it to the mayor on August 17, 2020. 14 On August 27, 2020, the mayor transmitted the federal portion of the budget to President Trump. 15 The mayor signed and returned a version of the budget to the DC Council August 31, 2020. 16 On August 31, 2020, the DC Council Chair submitted the local budget to Congress for review, in accordance with the Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321). 17 The federal payment figures in the DC proposed budget did not include the proposed cuts to resident tuition support and the DC Water and Sewer Authority in the Trump Administration’s budget proposal. Congressional Action The House Committee on Appropriations reported a Financial Services and General Government Appropriations Act, 2021 (H.R. 7668) on July 17, 2020. 18 The bill proposed approximately $762 million in federal payments to DC, representing an increase of approximately $48 million compared to the FY2020 level. The text of H.R. 7668, as reported, was subsequently included as Division D of H.R. 7617 when that bill was considered on the House floor. H.R. 7617 passed the House July 31, 2020. The Senate Appropriations Committee did not hold hearings on the FY2021 budget request for federal payments for DC. However, the committee majority released a draft bill and a draft explanatory statement on November 10, 2020. 19 FSGG appropriations were enacted in Division E of H.R. 133, the Consolidated Appropriations Act, 2021. The House and Senate passed the H.R. 133 on December 21, 2020. The President signed the bill into law on December 27, 2020, as P.L. 116-260. Title IV of Division E of the act included $734.5 million in federal payments for a variety of purposes in DC. Table 1 details the https://www.govinfo.gov/content/pkg/BUDGET -2021-APP/pdf/BUDGET -2021-APP.pdf. 14 District of Columbia Council, B23-0761—Fiscal Year 2021 Local Budget Act of 2020: Legislative History, https://lims.dccouncil.us/Legislation/B23-0761; District of Columbia Council, B23-0760—Fiscal Year 2021 Budget Support Act of 2020: Legislative History, https://lims.dccouncil.us/Legislation/B23-0760. 15 Letter from Muriel Bowser, District of Columbia Mayor, to T he Honorable Donald J. T rump, President of the United States, August 27, 2020, https://cfo.dc.gov/sites/default/files/dc/sites/ocfo/publication/attachments/ DC_OCFO_Budget_Vol_1-Bookmarked-9-1-2020.pdf. 16 District of Columbia Council, B23-0761—Fiscal Year 2021 Local Budget Act of 2020: Legislative History, https://lims.dccouncil.us/Legislation/B23-0761; District of Columbia Council, B23-0760—Fiscal Year 2021 Budget Support Act of 2020: Legislative History, https://lims.dccouncil.us/Legislation/B23-0760. 17 Letter from Phil Mendelson, District of Columbia Council Chair, to T he Honorable Nancy Pelosi and T he Honorable Michael R. Pence, Speaker of the U.S. House of Representatives and President of the Senate, August 31, 2020, https://cfo.dc.gov/sites/default/files/dc/sites/ocfo/publication/attachments/DC_OCFO_Budget_Vol_1-Bookmarked-9-1- 2020.pdf. 18 U.S. Congress, House Committee on Appropriations, Subcommittee on Financial Services and General Government, Report to Accompany H.R. 7668, 116 th Cong., 2 nd sess., H.Rept. 116-456, July 17, 2020. 19 See U.S. Congress, Senate Committee on Appropriations, “ Committee Releases FY21 Bills in Effort to Advance Process, Produce Bipartisan Results,” https://www.appropriations.senate.gov/news/committee-releases-fy21-bills-in- effort-to-advance-process-produce-bipartisan-results/. Congressional Research Service 3
FY2021 District of Columbia Appropriations
FY2021 proposed and enacted amounts of federal payments for the District of Columbia, as
compared to the FY2020 enacted amounts. 20
P.L. 116-260 also approved the expenditure of DC local funds as outlined in the Fiscal Year 2021
Budget Request Act of 2020. 21 Additionally, the act included a provision allowing the use of DC
government local funds in the event of any potential federal government shutdown in FY2022. A
similar provision has been included in all appropriations bills since FY2013. 22
Table 1. District of Columbia Appropriations, FY2020-FY2021: Federal Payments
In Millions of Dollars
FY2021
FY2020 FY2021 FY2021 FY2021 Senate FY2021
Enacted District of Presidential House Committee Enacted
(P.L. 116- Columbia Budget Passed Majority (P.L. 116-
93) Request Request (H.R. 7617) Draft 260)
Resident
Tuition 40.0 40.0 — 40.0 10.0 40.0
Support
Emergency
Planning and
18.0 52.9 a 51.4 52.9 38.4 38.4 b
Security
Costs
DC Courts 250.1 267.8 267.8 265.6 242.5 250.1
Defender
46.0 46.0 46.0 46.0 46.0 46.0
Services
Court
Services and
Offender 248.5 —c 248.2 245.9 243.7 245.9
Supervision
Agency
The Public
Defender 44.0 —c 44.2 44.0 46.2 46.2
Service
Criminal
Justice
2.2 2.2 1.8 2.2 1.8 2.2
Coordinating
Council
Judicial
0.6 0.6 0.5 0.6 0.5 0.6
Commissions
School
52.5 90.0 90.0 52.5 60.0 52.5
Improvement
DC National
0.4 0.4 0.4 0.4 0.4 0.6
Guard
20
Please note that not all of the funds in Table 1 are directed to, or expended by, DC government agencies.
21
D.C. Law 23-136, Fiscal Year 2021 Local Budget Act of 2020 , https://code.dccouncil.us/dc/council/laws/23-
136.html.
22 Delegate Eleanor Holmes Norton, “Norton Assures Residents Budget Provision Will Keep D.C. Open if Federal
Government Shuts Down,” press release, December 8, 2020, https://norton.house.gov/media-center/press-releases/
norton-assures-residents-budget-provision-will-keep-dc-open-if-federal.
Congressional Research Service 4FY2021 District of Columbia Appropriations
FY2021
FY2020 FY2021 FY2021 FY2021 Senate FY2021
Enacted District of Presidential House Committee Enacted
(P.L. 116- Columbia Budget Passed Majority (P.L. 116-
93) Request Request (H.R. 7617) Draft 260)
Testing and
Treatment of 4.0 4.0 3.0 4.0 3.0 4.0
HIV/AIDS
DC Water
and Sewer 8.0 8.0 — 8.0 8.0 8.0
Authorityd
Federal
Payments 714.3e 511.9 753.3 762.1 700.5 734.5
Total
Sources: P.L. 116-93; D.C. Act 23-409, Fiscal Year 2021 Federal Portion Budget Request Act of 2020,
https://lims.dccouncil.us/downloads/LIMS/45034/Signed_Act/B23-0762-Signed_Act.pdf; Office of Management and
Budget, A Budget for America’s Future: Appendix, February 2020, https://www.govinfo.gov/content/pkg/BUDGET-
2021-APP/pdf/BUDGET-2021-APP.pdf; H.Rept. 116-456, Financial Services and General Government
Appropriations Bill, 2021, https://www.congress.gov/congressional-report/116th-congress/house-report/456;
https://www.appropriations.senate.gov/news/committee-relea ses-fy21-bills-in-effort-to-advance-process-produce-
bipartisan-results/; P.L. 116-260.
Notes: Figures may not sum to totals due to rounding.
a. This does not include amounts budgeted for COVID-19 relief.
b. This amount includes approximately $21.9 million for costs associated with the January 2021 Presidential
Inauguration.
c. This item is not included in the DC Federal Portion Budget Request Act. This is a federally chartered entity
working exclusively on behalf of the District. Its budget request is submitted under a separate account.
d. The federal payment for the DC Water and Sewer Authority includes a provision requiring a 100% match
from the authority.
e. The FY2020 enacted federal payment total amount in this table does not include any supplemental
appropriations provided under the CARES Act.
General Provisions: Key Policy Issues
Generally, FSGG appropriations acts include a series of general provisions pertaining to federal
payments and other sources of DC budgetary funding. These provisions can be grouped into
several distinct but overlapping categories, with the most predominant being provisions related to
fiscal and budgetary directives and controls. Other provisions include administrative directives
and controls, limitations on lobbying for statehood or congressional voting representation,
congressional oversight, and congressionally imposed restrictions and prohibitions related to
social policy.
Title VIII of Division E of P.L. 116-260 enumerates such provisions for FY2021. The remainder
of this section provides an overview of some proposed and enacted provisions restricting or
prohibiting the use of federal and/or local funds for particular local social policy initiatives in
DC. 23
23 Such provisions are limitations (also known as limitation provisions or, more colloquially, riders) that
restrict/prohibit the use of funds for certain purposes. For information on limitations, see CRS Report R41634,
Limitations in Appropriations Measures: An Overview of Procedural Issues, by James V. Saturno.
Congressional Research Service 5FY2021 District of Columbia Appropriations
Abortion Services
The use of public funding for abortion services in DC is a perennial issue debated in Congress
during annual deliberations on DC appropriations. 24 President Trump’s FY2021 budget request
included a provision intended to continue existing restrictions on the use of any funds, federal or
local, by the DC government for abortion services, except in instances of rape, incest, or when the
woman’s life would be endangered if the pregnancy were carried to term. 25 The House-passed
FY2021 FSGG appropriations bill, H.R. 7617, included a provision that would have restricted the
use of federal funds for the same purposes outlined in the President’s budget request, but it did
not mention other sources of funding (i.e., local funds). A proposed provision in the Senate
Committee on Appropriations majority draft would have prohibited the use of federal and local
DC funds, with certain exceptions. As enacted, Section 810 of Title VIII of Division E of P.L.
116-260 similarly prohibits the use of any funds by the DC government to provide for abortion
services, stating:
No funds available for obligation or expenditure by the District of Columbia government
under any authority shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the pregnancy is the result
of an act of rape or incest.
DC Voting Representation in Congress
For several years, the general provisions of annual appropriation acts have prohibited the DC
government from using federal or local funds to lobby for voting representation in Congress,
including statehood. 26 P.L. 116-260 included three specific provisions limiting this type of activity
in sections 802, 804, and 806 of Title VIII of Division E. The three provisions state:
1. “None of the Federal funds provided in this Act shall be used for publicity or
propaganda purposes or implementation of any policy including boycott designed
to support or defeat legislation pending before Congress or any State legislature.”
2. “None of the Federal funds provided in this Act may be used by the District of
Columbia to provide for salaries, expenses, or other costs associated with the
offices of United States Senator or United States Representative under section
4(d) of the District of Columbia Statehood Constitutional Convention Initiatives
of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).”
3. “None of the Federal funds contained in this Act may be used by the District of
Columbia Attorney General or any other officer or entity of the District
government to provide assistance for any petition drive or civil action which
seeks to require Congress to provide for voting representation in Congress for the
District of Columbia.”
Substantially similar provisions were included in the Trump Administration’s proposed budget
and the Senate Committee on Appropriations majority draft. These provisions were not included
24 Since 1979, with the passage of the District of Columbia Appropriations Act of 1980 (P.L. 96-93; 93 Stat. 719),
Congress has placed some limitation or prohibition on the use of public funds for abortion services for District
residents. For a detailed overview of these provisions, see CRS Report R41772, District of Columbia: A Brief Review
of Provisions in District of Columbia Appropriations Acts Restricting the Funding of Abortion Services.
25
Office of Management and Budget, A Budget for America’s Future: Appendix, February 2020,
https://www.govinfo.gov/content/pkg/BUDGET -2021-APP/pdf/BUDGET -2021-APP.pdf.
26 Several similar provisions date back to the 1980s and 1990s.
Congressional Research Service 6FY2021 District of Columbia Appropriations
among general provisions specifically pertaining to DC in the version of FSGG appropriations
that passed the House of Representatives (H.R. 7617).
Needle Exchange
Addressing the spread of HIV and AIDS among intravenous drug abusers has been a policy issue
of ongoing debate in congressional appropriations for DC. 27 Some appropriations acts have
included provisions to prohibit or restrict the use of funds to establish a needle exchange program
aimed at reducing the spread of HIV and AIDS among users of illegal drugs.
The prohibition on the use of federal and District funds for a needle exchange program was first
approved by Congress as Section 170 of the District of Columbia Appropriations Act, 1999
(Division A of P.L. 105-277). The FY1999 act did allow private funding of needle exchange
programs. The Financial Services and General Government Appropriations Act, 2008 (Division
D, Title VIII of P.L. 110-161) contained language that further modified the needle exchange
provision included in previous appropriations acts. This act allowed the use of local funds for a
needle exchange program, a provision that has been continued in subsequent fiscal years. Under
the Consolidated Appropriations Act, 2010 (Division C, Title VIII of P.L. 111-117), the provision
was further modified to prohibit the use of federal funds in locations deemed to be
“inappropriate” for needle exchange, by local professionals in public health or law enforcement.
The Trump Administration’s FY2021 budget proposal included a provision that would have
prohibited the use of federal funds for the distribution of needles or syringes for this purpose. 28 As
passed in the House, H.R. 7617 did not include a provision restricting or prohibiting the use of
funds for needle or syringe distribution. The Senate committee majority version of FSGG
appropriations would have continued the provision prohibiting the use of federal funds for related
needle and syringe distribution. Section 807 of Title VIII of Division E of P.L. 116-260 continued
the provision prohibiting the use of federal funds for this use, as stated below:
None of the Federal funds contained in this Act may be used to distribute an y needle or
syringe for the purpose of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law enforcement authorities to
be inappropriate for such distribution.
Schedule I Substances
Several general provisions included in appropriations acts have restricted or prohibited the DC
government from implementing local laws related to the legalization or decriminalization of
schedule I controlled substances, including marijuana. 29 These provisions have varied depending
on the legislation that they were designed to restrict, ranging from legalization to
decriminalization of such substances for medical or recreational purposes.30
27
Delegate Eleanor Holmes Norton, “HIV Progress in D.C. Accelerated by Federal Payments Norton Secures and Her
Removal of the Needle Exchange Rider,” press release, August 21, 2020, https://norton.house.gov/media-center/press-
releases/hiv-progress-in-dc-accelerated-by-federal-payments-norton-secures-and.
28
Office of Management and Budget, A Budget for America’s Future: Appendix, February 2020,
https://www.govinfo.gov/content/pkg/BUDGET -2021-APP/pdf/BUDGET -2021-APP.pdf.
29
For a definition of schedule I substances, see 21 U.S.C. §812.
30 In 1998, District of Columbia voters approved Initiative 59, which allowed the use of medical marijuana to assist
persons suffering from debilitating health conditions and diseases, includin g cancer and HIV infection. T he
certification and implementation of the initiative, however, were delayed over a decade by Congress due to the passage
of the “Barr Amendment,” which, in a series of DC appropriations acts, prohibited the use of appropriated funds to
Congressional Research Service 7FY2021 District of Columbia Appropriations
In 2014, the DC Council passed the “Marijuana Possession Decriminalization Amendment Act of
2014”31 that decriminalized the possession of small amounts of marijuana by making such
activity a civil violation subject to a civil fine of $25. 32 The act went into effect in July 2014. Also
in 2014, almost 65% of DC voters voted to approve Initiative 71 to legalize the possession,
growth, and exchange of certain amounts of marijuana among individuals aged 21 and older in
DC. 33 Subsequently, the Consolidated and Further Continuing Appropriations Act, 2015 (P.L.
113-235) included a general provision prohibiting the use of funds contained in the act to carry
out such laws or regulations. Similar provisions have been included in subsequent appropriations
acts. In November, 2020, approximately 76% of DC voters voted to approve ballot Initiative 81,
to decriminalize some psychedelic plants and fungi. 34
The Trump Administration’s FY2021 budget proposal and the Senate Appropriations Committee
majority draft included a provision that would have prohibited the use of any funds to enact or
implement the legalization or decriminalization of schedule I substances. The bill that passed the
House of Representatives, H.R. 7617, did not include this provision. As enacted, Section 809 of
Title VIII of Division E of P.L. 116-260 continued the provision prohibiting the use of federal and
local funds for the legalization or decriminalization of schedule I substances in DC, as stated
below:
(a) None of the Federal funds contained in this Act may be used to enact or carry out any
law, rule, or regulation to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District of Co lumbia
government under any authority may be used to enact any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the possession, use, or distribution
of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.)
or any tetrahydrocannabinols derivative for recreational purposes.
Concluding Observations
Congress maintains plenary authority over DC legislation and budgets, as granted under the U.S.
Constitution. One way in which Congress has exercised its authority has been through general
provisions in annual federal appropriations legislation. Some Members of Congress have
proposed legislation that would modify the role of Congress in passing local DC legislation. For
instance, in the 117th Congress, Delegate Eleanor Holmes Norton introduced the District of
Columbia Legislative Autonomy Act (H.R. 411), which would amend the DC Home Rule Act by
eliminating the process of congressional review for legislation passed by the DC Council.
Other proposed legislation related to voting representation in Congress for DC residents, would
also likely change the role of Congress in local legislation and policy decisions. For information
conduct any ballot initiative that sought to legalize marijuana or otherwise reduce penalties for its use.
31
District of Columbia Council, Marijuana Possession Decriminalization Amendment Act of 2014 , July 2014,
https://code.dccouncil.us/dc/council/laws/20-126.html.
32 Aaron C. Davis, “ D.C. Council Votes to Eliminate Jail T ime for Marijuana Possession ,” Washington Post, March 5,
2014.
33
District of Columbia Council, Legalization of Possession of Minimal Amounts of Marijuana for Personal Use
Initiative of 2014, February 2015, https://code.dccouncil.us/dc/council/laws/20-153.html.
34 Justin Wm. Moyer, “D.C. Voters Approve Ballot Question to Decriminalize Psychedelic Mushrooms,” Washington
Post, November 3, 2020, https://www.washingtonpost.com/local/dc-politics/dc-magic-mushrooms-result/2020/11/03/
bb929e86-1abc-11eb-bb35-2dcfdab0a345_story.html.
Congressional Research Service 8FY2021 District of Columbia Appropriations on some such proposed legislation, please see CRS Insight IN11599, District of Columbia Voting Representation Proposals in the 117th Congress, by Joseph V. Jaroscak. Author Information Joseph V. Jaroscak Analyst in Economic Development Policy Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. Congressional Research Service R46763 · VERSION 2 · NEW 9
You can also read
